The Great Grape Escape

Type “Supermarket Injury” into Google and watch the horde of law firm websites appear on your screen. These firms have pages and pages of content designed to encourage customers to act against supermarket owners. The websites will respond to many questions such as:

What are my rights against the supermarket?

Can I sue the supermarket?

How do I sue the supermarket?

How much can I sue the supermarket for?

What evidence do I need to sue the supermarket?

Law firms are no longer chasing the ambulance leaving the store, they
are now chasing the grape as it falls. Across
the country the “great grape escape” has resulted in many claims, with millions
of dollars spent in legal fees and even more in compensation pay outs. The evolution of the no win – no fee strategy
by law firms is designed to encourage customers to sue your store.

A grape on the floor doesn’t automatically deem the supermarket
responsible for the customer’s injury and we have seen liability decision made
for and against the supermarket. Each
case will have its own specific circumstances which the courts will
assess. There have also been grape
injury claims where a court’s decision has been overturned on appeal; highlights
the complexity of the issue and the importance of risk management.

To have any chance of success the solicitor must establish the
supermarket breached its duty of care to its customer who suffered the injury –
also known as negligence. The
supermarket needs to be vigilant with its slip and fall procedures. This procedure can’t sit on a desk collecting
dust, it needs to be a living document which all staff understand and
consistently follow in their role.

Having the procedures is only one piece of the puzzle as the courts will
look for evidence from both parties.
Documenting the time, date, staff member and location of the slip audit
process is critical. As technology
continues to advance, the quality of CCTV footage has improved dramatically and
become significant more cost effective. It is very difficult for customers to
dispute video evidence and the footage removes the “he said – she said”
uncertainty or fraudulent claims. AVIVA
Insurance company reported a 20% increase in fraudulent slip and fall claims in
the last 12 months.

Public liability insurance is a supermarket’s final line of defense and
allows the owners to sleep easy at night.
If a letter of demand is ever received for an injury the insurance will
cover the legal costs and damages awarded by the courts.